Sectoral EIA Guidelines
BULGARIA
Motorway and Road Construction Projects
FINAL DRAFT
2013
Preface
The purpose of these Guidelines are primarily aimed at EIA practitioners in Bulgarian environmental authorities/competent authorities and could be used also by the consultants for developing sound EIA Reports for projects in those sectors more frequently requesting EU financial support.
It is envisaged to outline issues, which may be relevant for the evaluation of the environmental impact assessment report for road and highway projects. It could be also of importance for other authorities that must be consulted in accordance with the legal provisions, for the non-governmental organizations as well as the public and to facilitate their enhanced participation in the EIA process. The contained recommendations will be hopefully of practical benefit to those involved in the EIA process for motorway and road construction projects.
TABLE OF CONTENTS
1. Introduction 1
2. Policy, legal and administrative framework 3
2.1. EU framework 3
2.2. National framework 5
3. Description of the proposed project 19
3.1. Description of the Project Route 19
3.2. Key Design Features and Other Relevant Project Components 19
3.3. Construction Aspects 21
3.4. Road Operation 22
4. Outline of the main alternatives 23
4.1. Development and Assessment of Alternatives 23
4.2. Alternative Selection 24
5. Description of the existing environment (baseline conditions) 27
5.1. Project Area of Influence/Context 27
5.2. Character 28
5.3. Importance 33
5.4. Sensitivity 34
5.5. Sufficiency of Data 34
6. Description of the likely significant environmental impacts and mitigation measures 35
6.1. Introduction 35
6.2. Assessing Magnitude and Significance of Impacts 35
6.3. Impact Mitigation 37
6.4. Indirect and Cumulative Environmental Impacts and Impact Interactions 49
6.5. Risk Cases 52
6.6. Summary of Impacts and Mitigation, Residual Impact 53
7. Environmental Monitoring Plan (EMP) 54
8. Non-Technical Summary 56
9. Challenges in EIA Report preparation 57
10. Environmental Management Plan 58
11. REFERENCES 59
12. ANNEXES 60
ANNEX 1 60
ANNEX 2 61
ANNEX 3 70
ANNEX 4 71
LIST OF FIGURES
Figure 1: Example of a Summary Route Selection Matrix 26
Figure 2: Example of Integrated Presentation of Baseline Information flood levels on river Iller at a specific discharge rate and route alignment/bridge location 33
Figure 3. Flow Diagram Illustrating Indirect Impacts 50
Figure 4. Flow Diagram Illustrating Cumulative Impacts 50
Figure 5. Flow Diagram Illustrating Impact Interaction 50
Figure 6. Illustration of Two Planned Projects with Likely Cumulative Impacts on the Surrounding Environment 52
LIST OF TABLES
Table 1: Projects to which these guidelines are applicable respectively under Annex I and II fj the EIA Directive and Annex I and II of the LEP vi
Table 2. Standard Elements of the Project Description 20
Table 3. Elements of the Construction Description 21
Table 4. Likely Significant Effects on Soils and Geology and Their Mitigation 38
Table 5. Likely Significant Effects on Ground and Surface Water and Their Mitigation 40
Table 6. Likely Significant Effects on Air and Climatic Factors and Their Mitigation 43
Table 7. Likely Significant Effects on Human Beings / the Human Environment and Their Mitigation 44
Table 8. Likely Significant Effects on Flora and Fauna and Their Mitigation 46
Table 9. Likely Significant Effects on the Landscape and Their Mitigation 47
Table 10. Likely Significant Effects on Material Assets and Their Mitigation 48
Table 11. Likely Significant Effects on Cultural Heritage and heir Mitigation 49
Table 12. Example Summary Presentation of Residual Impacts on Air and Climate 53
Table 13. Sample Structure of an Environmental Monitoring Plan* (Non-exhaustive / for illustrative purposes only) 55
ACRONYMS
AA / Appropriate AssessmentCoM / Council of Ministers
CA / Compatibility Assessment
CJEU / Court of Justice of the EU
CMD / Council of Ministers Decree
CO2 / Carbon dioxide
ExEA / Executive Environment Agency
EA / Environmental Assessment
EC / European Commission
EEC / European Economic Community
EHS / Electromagnetic hypersensitivity
EIA / Environmental Impact Assessment
EIA Report/EIS / Environmental Impact Report/Environmental Impact Statement
EMP / Environmental Management Plan
EU / European Union
IUCN / International Union for the Conservation of Nature
LBD / Law on Biological Diversity
LEP / Law on Environmental Protection
MoEW / Ministry of Environment and Water
MS / Member State
NGO / Non-Governmental Organization
NO2 / Nitrogen dioxide
NTS / Non-technical Summary
PM / Particulate matter
PPE / Personal Protection Equipment
RoW / Right of Way
RIEW / Regional Inspectorate of Environment and Water
SEA / Strategic Environmental Assessment
SG / State Gazette
SO2 / Sulphur dioxide
ToR / Terms of Reference
TFEU / Treaty on the Functioning of the European Union
UXO / Unexploded ordnance device
WFD / Water Framework Directive
FOREWORD
These Guidelines were prepared as part of a standard set of tools to be used by beneficiaries, project developers and environmental authorities in any interested EU Member State and were then adapted to Bulgarian national requirements, for developing and reviewing sound EIA Reports for projects in those sectors more frequently requesting EU financial support. It is also envisaged for other authorities that must be consulted in the EIA process in accordance with the relevant procedural and legal provisions and for consultants assigned to prepare EIA Reports.
The Guidelines want to ensure that those responsible for carrying out the assessment and preparing the EIA Report are fully aware of the relevant issues and will address them adequately. If efficiently used, the tool will help to improve the quality of the EIA Reports and ultimately facilitate their review and the approval process for EU funding.
These Guidelines shall apply to the following type of projects as listed in Annex I and Annex II of the EIA Directive (2011/92/EU), respectively under Annex I and II of the Law on Environmental Protection (LEP) as given in Table 1.
Table 1: Projects to which these guidelines are applicable respectively under Annex I and II of the EIA Directive and the LEP
Annex I and II of the EIA Directive / LEP /· Annex I 7(b) – “Construction of motorways[1] and express roads[2]“ / · Annex I, point 22.2 of the LEP - Construction of motorways and 1st Class roads
Motorways are defined in Article 6(2) of the Regulation on the Implementation of the Law on Roads:
Motorways are specially constructed and marked roads only for traffic of motor vehicles at high speed and have the following characteristics:
1. separate traffic lanes in each direction with a dividing strip between them, each lane has at least two lanes and special emergency lane;
2. intersection with other roads, streets, railway and tram lines just at different levels;
3. the entering and the exit is only at certain points;
4. total lack of direct connection to nearby adjacent territories;
1st class roads are defined in Article 6(3) of the Regulation on the Implementation of the Law on Roads:
1st class roads are used for long-distance transit traffic (mainly from border to border) and have the following characteristics:
1. coincide with the directions of the main transit streams or directly connect remote important administrative-economic regions in the country
2. serve large adjacent territories
3. have interchanges with the roads to the adjacent territories only at certain points;
· Annex I 7(c) – “Construction of a new road of four or more lanes, or realignment and/or widening of an existing road of two lanes or less so as to provide four or more lanes, where such new road or realigned and/or widened section of road would be 10 km or more in a continuous length” / · Annex I, point 22.3 of the LEP - Construction of a new road of four or more lanes, or realignment and/or widening of an existing road of two lanes or less so as to provide four or more lanes, where such new road, or realigned and/or widened section of road would be 10 kilometres or more in a continuous length
· Annex I (24) – “Any change to or extension of projects listed in this Annex where such a change or extension in itself meets the thresholds, if any, set out in this Annex.” / · Annex I, point 38 of the LEP - Any change to or extension of a development proposal included in this Annex, where such a change or extension in itself meets the thresholds, if any, set out in this Annex
· Annex II 10 (e) – Construction of roads[3] not included in Annex I / · Annex II, point 10(e) of the LEP - construction of roads (not included in Annex 1)
· Annex II (13) (a) – “Any change or extension of projects listed in Annex I or this Annex, already authorised, executed or in the process of being executed, which may have significant adverse effects on the environment (change or extension not included in Annex I).” / · Article 93(1)(3) of the LEP - any extension or modification of development proposals according to Annex 1 hereto and Appendix I to Article 2 of the Convention on Environmental Impact Assessment in a Transboundary Context, which have already been approved or are in the process of being approved, have been executed or are in the process of being executed, provided any such extension and/or modification may cause a significant adverse impact on the environment
The structure of the Guidelines follow, to a large extent, the requirements provided in Annex IV of the EIA Directive with respect to the information referred to in Article 5(1), respectively of Article 96, paragraph 1 of the LEP and Article 12 of the Ordinance on the conditions and the order for implementing environmental impact assessment (EIA Ordinance), i.e. the information that the developer has to provide to the competent authority or authorities for projects that are subject to an EIA.
The Guidelines address the project types mention above, as defined in the EIA Directive (Annexes I and II), respectively in Annex I and II of the LEP, in a single document and comments on those issues which may be specific to one type or another as appropriate. However, the recommendations are not exhaustive and some issues common to all type of projects may not be covered.
The final EIA report is referred to as an Environmental Impact Statement (EIA Report). Most national environmental legislations specify what the content of EIA Report should be, as is the case under Bulgarian national legislation. The sections of this document provide recommendations for a standard structure of the EIA Report and for the issues that shall be addressed/covered under each of the respective sections and sub-sections.
The sections of these Guidelines will follow a possible content of an EIA Report, which largely follows the requirements of the LEP and the EIA Ordinance:
· Introduction
· Policy, legal and administrative framework
· Description of the proposed project
· Outline of the main alternatives
· Description of the environment
· Description of likely significant environmental impacts and mitigation measures[4]
· Monitoring plan
· Non-technical summary
· Challenges in EIA Report preparation
· Environmental management plan
· List of references
The proposed order and scope are not mandatory or exhaustive but should be adapted as appropriate according to the characteristics of the individual project and the requirements of the LEP and the EIA Ordinance. This relates to the project objectives, technical characteristics, location, natural and built environment and other elements. For instance, if the proposed project is the widening/rehabilitation of an existing road, it may be more appropriate to begin with a subsection on the ‘Existing Development’ before providing the ‘Description of Key Design Features and Other Relevant Project Components’ in Section 3 of the report.
It should be noted again that the EIA Report may make use of this structure, but should consider complying with the requirements of Article 96(1) of the LEP and Article 12 of the EIA Ordinance. More specifically, Article 96(1) of the LEP makes the following mandatory to the content of the EIA report:
“1. a summary of the development proposal for execution of construction, activities and technologies;
2. (amended, SG No. 77/2005) alternatives of siting (including plats and bearings of typical points within the established national coordinate system) and/or alternatives to the technologies as studied by the initiator and reasoning of the choice of study made, considering the environmental impact, including a "zero alternative";
3. a description and analysis of the environmental media and factors covered under Articles 4 and 5 herein and of the physical structures and the cultural heritage that will be significantly affected by the development proposal, as well as the interaction among these aspects;
4. description, analysis and assessment of the potential significant effects on the population and the environment resulting from:
(a) implementation of the development proposal;
(b) use of natural resources;
(c) emissions of harmful substances in normal circumstances and in an emergency, generation of waste and creation of nuisances;
5. information on the forecasting methods used to assess the effects on the environment;
6. a description of the measures envisaged to avoid, reduce and, if possible, remedy significant adverse effects on the environment, as well as a plan for implementation of the said measures;
7. (supplemented, SG No. 46/2010, effective 18.06.2010) observations and opinions expressed by the public concerned, of the authorities competent to make an EIA decision or officials empowered thereby and other specialized institutions and the States affected in a transboundary context, as a result of the consultations held;
8. (amended, SG No. 77/2005, SG No. 103/2009) conclusion in conformity with the requirements of Article 83 (5) herein;
9. a non-technical summary of the information;
10. information on the difficulties (technical reasons, insufficiency or lack of data) encountered in the collection of information for preparation of the EIA statement;
11. (supplemented, SG No. 46/2010, effective 18.06.2010) other information at the discretion of the competent authority or an official empowered thereby.”